Lamley v. Jynx Express, LLC (Board decision, September 2, 2015)

Plain-English summary

Kevin Lamley brought a complaint under the Surface Transportation Assistance Act against Jynx Express, LLC and two individuals. The administrative law judge dismissed the complaint after finding that Lamley had not established protected activity under the Act. Lamley petitioned the Administrative Review Board for review, then withdrew his petition. The Board dismissed the petition as requested and stated that the judge's decision became the Department of Labor's final decision. The Board did not decide the merits of Lamley's appeal.

Decision snapshot

• Cited authorities: 29 C.F.R. § 1978.110, the Board review procedure cited in the order.
• Outcome: Lamley's petition for review dismissed after withdrawal; the ALJ decision became the Department's final decision.
• Key point: Withdrawal ended Board review without a merits ruling on the ALJ's dismissal.

Full text (DOL official public release)

U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

IN THE MATTER OF:

KEVIN LAMLEY,
ARB CASE NO. 15-078

COMPLAINANT,
ALJ CASE NO. 2013-STA-028

v. DATE: September 2, 2015

JYNX EXPRESS, LLC,
WILLIAM BRAINERD, and
ELIZABETH BRAINERD,

RESPONDENTS.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER DISMISSING PETITION FOR REVIEW

On July 23, 2015, a Department of Labor Administrative Law Judge issued a Decision and Order Dismissing Complaint (D. & O.) in this case arising under the employee protection provisions of the Surface Transportation Assistance Act (STAA or Act) of 1982, 42 U.S.C.A. § 31105 (Thomson/West Supp. 2015). The ALJ found in Respondents’ favor, determining that Complainant Kevin Lamley failed to establish that he engaged in protected activity under the STAA. 1

Lamley filed a timely petition for review of the ALJ’s D. & O. with the Administrative Review Board. 2 On August 19, 2015, the ARB issued a Notice of Appeal and Order Establishing Briefing Schedule. On August 31, 2015, the ARB received Complainant’s Withdrawal of Petition for Review.

1
Lamley v. Jynx Express, LLC, ALJ No. 2013-STA-028, slip op. at 48-49 (July 23, 2015).
2
See Secretary’s Order No. 2-2012 (Delegation of Authority and Assignment of Responsibility to the Administrative Review Board), 77 Fed. Reg. 69,378 (Nov. 16, 2012);
29 C.F.R. § 1978.110.

USDOL/OALJ REPORTER
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Accordingly, Lamley’s petition for review is DISMISSED, as requested, and the ALJ’s July 23, 2015 D. & O. is the final decision of the Department of Labor in this matter.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

USDOL/OALJ REPORTER
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